list of contributors - GALA

COLOMBIA
Ricardo Duarte Duarte
Duarte Garcia & Associados Ltda.
rduarte@col-law.com
www.col-law.com
1. Legislation Doctrine 051604
Topic: Difference between advertising and trademarks reminders
Who: Superintendency of Industry and Commerce
When: January 27, 2005
What Happened: The Superintendency states that advertising is a non personal commercial
communication that shows, in the media, a trademark, a good or a service of
a merchant in order to inform of their existence, to persuade or to influence
the consumer to impel sales, or to leave a memory in the consumers.
It is different than other types of communication such as a journalistic one in
which there is not a commercial purpose.
Advertising uses media to transfer its message, not necessarily mass media.
Many times these are used (for example television, radio or press) but in
other cases advertising messages are diffused through vehicles or systems
that are not mass media.
The main purpose of advertising is to highlight the trademark, the goods or
services in order to inform of their existence, to generate awareness and with
this strategy to persuade or to influence the consumer and the decision of
purchasing. Advertising highlights the attributes, conditions, qualities or
benefits of a good or service and in many cases tries to persuade the
consumers, transmitting subjective messages, by means of creating a feeling
or sensation between the consumer (receptor of the message) and the
product.
On the other hand, the trademark reminders are promotional elements,
which are goods such as ashtrays, towels, mugs, t-shirts, hats, with a
trademark stamp. The main purpose of these goods is to generate awareness
but not to persuade the consumer which is the objective of advertising.
Besides, these trademark reminders are designed to be rendered directly to
consumers and do not use mass media.
According to this difference the laws about advertising and consumer
protection are not applicable to the trademark reminders except if these
transmit information (any kind of information) about the goods or services.
Comments: This distinction between advertising and trademark reminders is very
important since rules about protection of consumers are applicable to
advertising and not to the reminders since the main purpose of these rules is
to protect the consumers from false information or of information that leads
to error. Trademark reminders are only made to generate awareness but not
to give information about the good or service.
2. Legislation Resolution 23186
Topic: Trademark confusion